Terms & Conditions
This website and print publications is operated by Diverse Media Group P/L (DMG) and is made available on the following terms and conditions. By using the website and print publications you accept these terms and conditions.
1. DMG grants you a non-exclusive licence to access the content in this website and print publications and use them for the sole purpose of viewing and/or advertising goods and services (as appropriate) and for personal or domestic purposes. You may not reproduce or distribute any part of the content in this website for any purpose.
2. You acknowledge that all copyright, database rights and all other intellectual property rights comprised in or relating to this website and print publications and in the data it contains belongs to DMG and, unless expressly provided otherwise, nothing in these terms and conditions confers any right to you to reproduce, use or otherwise exploit these rights.
4. DMG reserves the right to remove any comments from the website and print publications at anytime without prior notice.
5. DMG may at any time make alterations to or to withdraw this website and print publications or any part thereof. Your subsequent or continued use of this website and print publications will be deemed to constitute your acceptance of the altered terms and conditions.
6. DMG does not warrant the accuracy of any representation made by it or any third parties on the website and print publications or any information that you may receive as a result of using the website and print publications. DMG excludes any warranty, implied or otherwise, that the information the website and print publications contains is accurate or up-to-date or is suitable for any particular purpose or that the items advertised for sale on the website and print publications are fit for their purpose, are of merchantable quality or will conform with their description. DMG shall not be liable for any loss or damage suffered by you or any other party, whether directly or indirectly, as a result of your or the third party's purchase or use of goods and/or services purchased from third parties through the use of this website and print publications. When you advertise with Us
Your use of this website and print publications to offer and sell items is subject to the general terms and conditions above and the following terms and conditions.
1. Diverse Media Group P/L's (DMG) acceptance of a booking for the publication of an advertisement will be deemed to constitute a binding contract between DMG and the advertiser which incorporates these terms and conditions.
2. DMG reserves the right to refuse, withdraw, delete or alter any advertisement on the website and print publications at any time without giving reasons.
3. Advertisers may only discontinue or cancel any contract with DMG for advertising goods or services via its website and print publications within 7 days of DMG's acceptance of a booking for publication of that advertisement. Any request to discontinue or cancel any contract must be in writing and be addressed to Diverse Media Group P/L at Level 1 520 Elizabeth Street Melbourne Vic 3000 and forwarded by prepaid mail.
4. If DMG accepts a booking for publication of an advertisement after 7 days of a closing date, that booking cannot be cancelled.
5. All copy and materials specified in the DMG rate guide must be supplied to DMG by no later than 4pm on the copy closing date. If such copy and materials are not so supplied, then DMG shall be at liberty to insert the advertiser's copy from any previous advertisement from any source, or alternatively, charge the advertiser or his agent, for the space booked.
6. An error, incorrect placement or intermittent loss of telecommunications structure does not invalidate the contract. DMG will take all due care to ensure that advertisements are promptly uploaded to the website, but DMG shall not be liable for any loss occasioned by the failure of an advertisement to appear on the website and print publications on the date specified for that advertisement.
7. DMG shall not be liable for any loss or damage suffered by any party arising from a failure of the internet or any telecommunications structure or print machine failure.
8. All advertising matter is subject to the approval of DMG, which reserves the right to reject any advertising material for any reason.
9. An advertiser must ensure that its "Customer Account Number" is available only to its employees authorised to use it, and the advertiser acknowledges that it will be liable for all advertising requested by using its "Customer Account Number".
10. The position of advertisements on the website and print publications is entirely at the discretion of the DMG, unless otherwise agreed in writing before publication.
11. DMG will not accept any advertisement on the basis that there will be editorial mention of the advertiser's goods or services on the website and print publications, or that the advertiser of the goods or services the subject of that advertisement will be the sole advertiser in their category.
12. The advertiser and his advertising agent, if any, each warrants to DMG, its servants and agents, that nothing in the advertising materials infringes any Federal or State law or the rights of any person including, but not limited to, any intellectual property rights.
13. The advertiser and his advertising agent, if any, to the extent permissible by law, jointly and severally indemnifies DMG, its servants and agents against all direct and indirect costs, expenses, claims, demands, damages and loss of kind wholly or partly attributable to or arising out of acceptance of publication of any advertising material, and publication of any advertising material, or otherwise as a result of its or their breach of these terms and conditions.
14. Where advertising material is not supplied in accordance with advertising requirements and specifications as specified in the DMG rate guide, DMG reserves the right to perform any additional work required to ensure that the material complies with its advertising requirements and specifications at trade-house rates.
15. Every advertisement is accepted for publication only on the basis that the advertiser and the advertising agent (if any) preparing such advertisement warrant to DMG that the advertisement and its contents are true and correct in all respects, are in no way misleading or deceptive and contain no misrepresentations of statements in contravention of section 52 of the Trade Practices Act (Act) (or equivalent State or Territory Act), are not defamatory, threatening or harassing, obscene or contain any material that, in DMG's sole discretion, is inappropriate, or otherwise do not contravene any other provision of the Act or any other law. This warranty is deemed to be given by each advertiser or advertising agent (as application) each time it submits an advertisement for publication to DMG.
16. The advertiser and his advertising agent, if any, warrants that he owns, or otherwise has the right to sell and offer for sale, the products listed in the advertisement.
17. The advertiser grants to DMG a non-exclusive, royalty free, transferrable licence to use, reproduce, modify, adapt and sub-license all content included in any advertisement submitted to DMG by the advertiser (including, but not limited to, all material in which copyright subsists and any registered or unregistered trade marks) for the purpose of publishing your advertisement on its website and print publications and any other purpose reasonably associated with that purpose. The advertiser warrants that it has all necessary rights and consents to grant the rights set out in this item 16 to DMG.
18. DMG may suspend, terminate or limit any advertiser's or his advertising agent's access to the advertiser's account or this website and print publications if:
(a) the advertiser has fees or charges outstanding to DMG and those fees or charges are not paid within 30 days of DMG's request for payment;
(b) DMG reasonably believes that there is a real risk of loss or damage to it if it does not suspend, terminate or limit the advertiser's or advertising agent's access to the advertiser's account;
(c) the advertiser and/or the advertising agent has materially breached a term of these terms and conditions
(d) DMG is required to do so by law or any governmental authority; or
DMG has received a serious complaint, or multiple complaints, regarding the advertiser's activities in connection with the website and print publications, including in relation to the material included in the advertiser's advertisements.
19. Where credit terms have been approved payment is due within 30 days from the date of the DMG invoice, unless agreed in writing to other terms.
20. If the invoice remains unpaid after the agreed term expires, the advertiser agrees to indemnify the publisher for all expenses incurred in connection with the collection of all overdue amounts payable including debt collection, court costs and legal fees.
21. In the case of a dispute this agreement is subject to the laws of Victoria and any disputes are to be determined by a Victoria court or tribunal.
Power Farming website and print publications are published online and in print in Australia by: Diverse Media Group P/L. ABN 35 088 379 935. 520 Elizabeth Street, Melbourne Vic 3000 Australia. Tel: (03) 9347 8200 Fax: (03) 9347 8600.